ITO, WARD - 45(2), KOLKATA, KOLKATA vs. SEKHAR BARMAN, KOLKATA

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ITA 1480/KOL/2018Status: DisposedITAT Kolkata30 November 2018AY 2010-112 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal due to low tax effect. The assessee's cross objection was also dismissed as infructuous as it did not raise any specific issue.

What were the facts?

The Revenue filed an appeal against the order of the CIT(Appeals) for the assessment year 2010-11. The net tax effect involved in the appeal was less than the prescribed limit by the CBDT.

What were the issues?

Whether the Revenue's appeal should be dismissed on the grounds of low tax effect as per CBDT circular. Whether the assessee's cross objection is maintainable.

Which sections of the Income-tax Act were involved?

Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH “C” KOLKATA

Before: Shri S.S.Godara & Shri, M. Balaganesh

Heard together (2 matters)

ITA No.1480/Kol/2018
C.O No.92/Kol/2018

Read from the judgment's own cause title. This page is filed under one of them.

O R D E R

PER S.S.Godara, Judicial Member:

1.

- This Revenue’s appeal and assessee’s cross objection for assessment year 2010-11 arise from Commissioner of Income Tax (Appeals)-13 Kolkata’s order dated 20.04.2018, passed in case No.183/CIT(A)-13/W-45(2)/Kol/2015- 16, in proceedings u/s. 147 of the Income Tax Act, 1961; in short ‘the Act’.

2.

We notice at the outset that the Revenue’s grounds are very much clear in its grounds that net tax effect involved in the instant appeal is only ₹11.24 lac. The same is therefore found to be less than ₹ 20 lac as prescribed in the CBDT’s latest Circular No. 3/2018 dated 11.07.2018. We dismiss the Revenue’s instant appeal for low tax effect therefore.

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